Monday, March 12, 2012

You were scanning groceries at the self-service station and decided to omit a few items before slipping them into your bag. But unbeknownst to you, the cameras were watching. As soon as you left the store, security stopped you, and now you are facing criminal charges.

When we think of shoplifting, we usually think of hiding merchandise in a purse or pocket, but the Illinois retail theft law encompasses a broader range of offenses. As you might expect, you cannot leave the store with unpaid merchandise. You also cannot change the labels or price markings on items and pay less than full value. You cannot transfer merchandise from one container to another, for example, by placing full price articles into the sales bin and then try to pay the lower price.

When you are at the self-service register, you cannot under-ring your merchandise or fail to scan it. And make sure you leave that shopping cart in the parking lot.

It is retail theft to pretend you own property in order to get money or store credit or an exchange. Nor can you fail to return property that you have leased.

You may not use a theft detection shielding device in order to take something. A theft detection shielding device includes any “laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.” (720 ILCS 5/16-25(e).)

For a first offense of less than $300 in goods, you can be charged with a Class A Misdemeanor punishable by up to 1 year in jail and a $2,500 fine. A second offense is a Class 4 felony punishable by 1 to 3 years in jail and a $25,000 fine. Merchandise over $300 upgrades your first offense to a Class 3 felony, punishable by 2 to 5 years. The store merchant may also sue you in civil court for the price of the merchandise and their attorney fees.

If you stole something and ran out an emergency exit, you can be charged with Theft by Emergency Exit, a Class 4 felony for merchandise valued under $300. A second offense is a Class 3 felony. For value over $300, Theft by Emergency Exit is a Class 2 felony, punishable by 3 to 7 years.

To be convicted for retail theft, the state must show you intended to permanently deprive the rightful owner of their property. If you accidentally walked out with something in your cart, you may have a defense. This defense would be complicated, however, if you concealed the object so that while “there may be some notice of its presence, that merchandise is not visible through ordinary means. (720 ILCS 5/16-25(c ).) Illinois law allows a judge or jury to infer that you intended to steal the goods if you concealed them and left the store.

If you are charged with a retail theft offense, contact an experienced criminal law attorney immediately. Do not make statements to store security, the police or others about your case. Trying to explain yourself could give the prosecution the evidence needed to convict you. As with almost any crime, the prosecution must prove the offense beyond a reasonable doubt including whether you had the necessary intent. An experienced attorney can look for weaknesses in the state’s case. Even if you are caught red-handed with the goods under your clothes, an experienced attorney may negotiate a better plea agreement than you could on your own.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

You were a passenger in a car that the police pulled over. The officer seemed to be giving the driver, your friend, a hard time. You thought the officer was trying to strong-arm your friend, and with visions of Rodney King in your head, you turned on your I-phone to record the encounter.

Your friend was charged with a drug-related misdemeanor. But to your surprise, you are the one charged with a felony. Where did you go wrong? What can you do?

Illinois has one of the strictest eavesdropping laws in the country. The law is so strict that the American Civil Liberties Union challenged its constitutionality. The Chicago Sun Times wrote “The law seems deliberately designed to shield police from public scrutiny.”

Under the law any recording of a conversation or electronic communication without all parties’ consent is a crime with some exceptions. But if you recorded a police officer, prosecutor, attorney general or judge, the charges get kicked up a notch.

Illinois law defines eavesdropping as knowingly and intentionally using an eavesdropping device to hear or record a conversation even if the conversation was in public, unless you have everyone’s consent. Even if you direct someone else to eavesdrop for you, or you knowingly obtain a benefit from the eavesdropping, you can be charged with a felony.

If you are law enforcement, there are many exceptions to the rule so that an officer may record you. But if you are a citizen, you could be in a world of trouble. Eavesdropping on regular citizens is a Class 4 felony, punishable by up 1 to 3 years in prison. Subsequent offenses are Class 3 felonies, punishable by 2 to 5 years in prison. However, eavesdropping on law enforcement in the course of their official duties is a Class 1 Felony punishable by 4 to 15 years.

While these charges are not often brought, two high profile Illinois cases have exposed the harsh consequences of the law. Tiawanda Moore was charged after recording police who she believed were sexually harassing her. Fortunately, she was acquitted by a jury and is now suing the City of Chicago. Christopher Drew recorded his arrest for selling art without a permit and was facing up to 15 years in jail. Both Moore and Drew spent time in jail after their arrest. (See Illinois Eavesdropping Act: Tiawanda Moore Sues City and Eavesdropping Laws.)

In a recent development, Drew's charges were dropped after a Cook County Circuit Court judge ruled the eavesdropping law unconstitutional, saying that it was too broad and could punish innocent conduct such as taping a child's soccer game. (See Eavesdropping Law Unconstitutional). The Judge's ruling is not enough, however, to invalidate the law. The ACLU has appealed the law's validity and a ruling from the 7th U.S. Circuit Court of Appeals is expected. For now, however, the law remains on the books, and you are best advised to steer clear.UPDATE: The 7th U.S. Circuit Court of Appeals agreed with the ACLU that the law was unconstitutional and overbroad. On November 26, 2012, the U.S. Supreme Court refused to hear the case, which leaves the 7th Circuit's ruling in place.

If you are charged with eavesdropping you should contact an experienced criminal law attorney immediately. Do not discuss your case with anyone. Any statements you make could jeopardize your defense. An experienced attorney can look for weaknesses in the state’s case. Did the officer have probable cause to stop you? Did you intend to eavesdrop? Did you have consent? The law itself has some exceptions, such as if you record someone because you believe they are about to commit a crime. But even if the state has crystal clear evidence against you, an attorney who is knowledgeable about the courthouse may be able to obtain a better plea agreement than you can on your own.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

And "SEARCH AND SEIZURE," "MOTIONS AND DEFENSES" and "EVIDENTIARY MATTERS GENERALLY."

About Me

A criminal and school law attorney with over 20 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug or narcotics crimes such as drug possession or drug dealing, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect.
I am a member of the ACLU, Illinois State Bar Association.
Se habla espanol.
CONTACT ME: 847-568-0160 or email matt@mattkeenanlaw.com

"Damned if You Do, Damned if You Don't: Behaving at a DUI Stop," by Art Buono. Sept. 20, 2011.

"Time to Shock Schools into Deploying Difibrillators," by Art Buono. November 3, 2011."Anti-Bullying Law Not Enough," November 16, 2011,

PUBLIC APPEARANCES:

November 15, 2012: Presenter: "Student Discipline: The Expulsion Hearing Games" as part of the Illinois State Bar Association continuing legal education course: The Student and Parent Side of School Law Issues.